FOIA: DNREC Outside Counsel On DE City Refinery Crude Oil Transfer Expansion, Max Walton, Is Working With No Written Contract? Really?

Here's what happened with the FOIA requests for the contract for Max Walton and for the memo mentioned in Jeff Montgomery's News Journal article [Markell's refinery moves fuel suspicion - Administration seeks outside legal guidance to defend decisions] ~ 

Phil Barnes writes:

I sent three June 16th FOIA requests for a copy of the contract between Max Walton and the state.  I was not sure who was Max Walton's official client was, so I sent one request to the governor's office, one to the AG's office, and the other went to DNREC.  

I received a reply from DNREC on July 2nd and a reply from the governor's office on June 8th (which referenced the reply from DNREC).  

You will note that these replies came after the 15-day maximum allowable time to answer FOIA requests under §10003 g(1) .

No response came from the AG's Office.

I also submitted a June 16th FOIA request for a copy of the memo sent from the AG's office to DNREC which sounded the alarm bells on the refinery's potential violations of the CZA (the memo which was dismissed by DNREC and which Jeff Montgomery mentioned in The News Journal article).  

It is nearly a month later and I have not yet received a response to the request.

Here's Barnes' FOIA request to DNREC ~

Sent: Sunday, June 16, 2013 2:54 PM
To: Bothell, Jennifer M. (DNREC)
Subject: Request for Public Records (FOIA)

Date of request: Sunday, June 16, 2013

Public Body
------------------------------------------
To: jennifer.bothell@state.de.us
Other (if selected):

Requestor
------------------------------------------
Name: Philip Barnes

Records Requested
------------------------------------------
The State of Delaware recently contracted with Mr. Max Walton, a lawyer with the Wilmington-based law firm Connolly Gallagher, to offer counsel on the legality of an expansion of crude oil transfer operations at the Delaware City oil refinery which is owned by PBF Energy.  Pursuant to Title 29, Chapter 100 of the Delaware Code, the Freedom of Information Act, I am requesting that a copy of the contract between the state and Mr. Walton for these services be provided to me within the next fifteen business days.

Thank you very much,

Philip Barnes

Contact if cost is greater than $25

Here is DNREC's reply ~

From: "Bothell, Jennifer M. (DNREC)"
Sent: Tuesday, July 2, 2013 1:03 PM
Subject: RE: Request for Public Records (FOIA)

Mr. Barnes, There currently is no written contract.  The retention of Connolly Gallagher has not been confirmed in a written agreement, but Mr. Walton has verbally agreed to charge $325 an hour for his services, a discount of more than 30% off his standard fee.  Thank you for your interest.  Jenny Bothell.


Jennifer M. Bothell
Enforcement Coordinator and FOIA Coordinator
Office of the Secretary, Community Services
Delaware Department of Natural Resources
  and Environmental Control
89 Kings Highway
Dover, DE  19901
Phone: (302) 739-9037 or (302) 739-9000
Fax:  (302) 739-6242
jennifer.bothell@state.de.us

And the reply from the governor's office ~

Sent: Monday, July 8, 2013 3:19 PM
Subject: Response to FOIA Request

Dear Mr. Barnes:

Please find attached a response to your recent FOIA request.

Regards,

Andy

Andrew H. Lippstone

Chief Legal Counsel

Office of Governor Jack A. Markell

Wilmington:  302.577.3210 /  Dover:  302.744.4101

andrew.lippstone@state.de.us
http://governor.delaware.gov

In the pdf reponse, Lippstone writes "As set forth in DNREC's response to your request, no contract yet exists between the State and Connolly Gallagher in connection with the Engagement" and confirms that Walton is engaged at a rate of $325 an hour.

Nuff said.

~*~